Revolutionary War Pension and Bounty Land Warrant Application File S 5172, John Gates, Penn.

SERVICE
NUMBER
Penn
Gates John
S 5172
carded
CONTENTS

State of Ohio Ross County P 3
On this 19 th day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in the Court before the honorable Frederick Grunke President, and James M c Intosh Samuel Swearingen and Isaac Cook associates, the Court of Common pleas in and for the County aforesaid now sitting John Gale.
a resident a resident of the County of Ross and state aforesaid aged sixty eight years who being first duly sworn according to law, doth on his oath make the following with declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832, That he entered the service of the United States under the following named officers and served as herein stated, With That in the year as he now believes 1778 when he was about the age of fourteen years, and resident of the County of Lancaster the state of Pennsylvania, he entered the service of the as a substitute for his father Leonard Gale for the term of two years who was drafted for two successive terms of two months each term, that he served as such substitute for the full and entire term of four months, and was regularly discharged but from time and accident his discharge has become mislaid or lost, that, he marched from the place of his father's residence about ten miles from Reading to the town of Lancaster where he was employed in the service of

guarding the pounds  Manufacturing and Magazine, and army stores such as pork and Clothing, that after he was had regularly served four months as aforesaid as a substitute for his father, he again entered the service as a substitute for Stephen Hossy and  for for the term of two months and marched from his father's residence with as aforesaid to to Lebanon where he was employed in guarding, the Hebrans in the Lutheran Church, that at the expiration that he served the full term of two months as a substitute for said Hossy, as aforesaid and was regularly discharged but has lost his discharge.
he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension Roll of any of the agency of any state.
Sworn to & subscribed his
John Gates Mark
We Benjamin Heger A Clergyman residing in the county of Linn and state of Ohio And Richard Malone and Thomas McNeil residents residents of the county and state aforesaid, hereby certify that we are well acquainted with John Gates who has subscribed and sworn to the above declaration that we believe him to be 68 years of age, that he is respected and beloved in the neighbourho- d where he resides to have been a soldier of the revolution and that we concur in that opinion.
Sworn to and

4 How were you called into service and how you were at times the revolution When were you drafted did you volunteer or were you a substitute of a substitute
Answer I was a substitute for my father Leonard Gates for two successive terms of two months each and for Stephen Wooley for the term of two months as within stated 5 State the names of some of the regular officers who were with the troops when you arrived
Answer I cannot cannot remember the name of any of the officers of the regular officers, but recollect that my captains name was Peter
6 Did you receive a discharge from the service if so by whom was it given and what has become of it
Answer I did receive a discharge in all the three terms I served but cannot recollect from, they are now all lost I never held any commission in the Army
his John T. Gates
mark Sworn to & subscribed in open court Oct 17 th 1832
H. Fullerton Clerk

In the matter of John Gats for a pension the court had by declared their opinion after the investigation prescribed by the War Department that the above named applicant was a revolutionary Soldier and served as he states and the court further certifies that it appears to them that Benjamin Hager who signed the preceding certificate is a Clergyman resident in the county of Ross and that Silomas M. Woods and Richard Malone who has also signed the same are residents of said county and ad- credible persons and that their statements are entitled to credit. to credit.
The State of Ohio Ross County ss. I Humphrey Fullerton Clerk of the Court of Common Pleas in and for the county aforesaid do hereby certify that the foregoing contains the original proceedings of the court in the matter of the ap- plication of John Gats for a pension.
In Witness whereof I have hereunto to set my hands and Seal of office this 11 th day of December A D 1839 of the State the 31 st
Humphrey Fullerton Clerk

Personally appeared in Open Court the 15 th day of March 1833, before the Honorable Frederick Grimké president and James M'Clintock Isaac McCracken and Isaac Cook associates the judges of the Court of Common pleas now sitting in now sitting in the County aforesaid John Gatz who after being duly sworn according to law, hereby doth on his oath make the following and further deposition in order to obtain the benefit of the act of Congress passed June 7 th 1832. that he knows of no living living witness who could testify to his services or any part thereof in the war of the revolution, on that his memory is frail, but distinctly recollects that the name of the Captain under whom he first marched was Peters, that the same from whom he got his two discharges, for the services before stated, that after having served as a substitute as aforesaid for his father, he entered the service as a substitute for said Stephen Reely as aforesaid and marched from his father's neighbourhood to Lebanon under Capt. Herrs or Carr the said deponent states that he is a German but slightly acquainted with the English language and is not certain how the name of the latter named officers was spelled but that the above spelling as interpreted to him conveys as he thinks the correct idea of the name; the name of his lieutenant in this last expedition was Peter Gistewile He he recollects the name of two sergeants belonging to said Herrs  the company to wit Samuel Moore & Jacob Millinger - The names of the officers in the regular service under whom he served was

was Col. Knox, Maj. Turner, & Captain Hays
his John Gates mark
Sworn to & Subscribed in open Court March 15 th 1833
Humphrey Fullerton Clerk
The further Declaration of John Gates for a pension was sworn to in open Court at March Term 1833 and ordered by the Court to be certified
The State of Ohio } Ross County ss } I Humphrey Fullerton Clerk of the Court of Common Pleas for the County aforesaid do hereby certify that the foregoing contains the further proceeding in the matter of John Gates for a pension
In Testimony Whereof I have hereunto set my hand & affixed the Seal of said Court this 8 th day of April A.D. 1833 & of this State the 31 st
Humphrey Fullerton Clerk

Subscribed the day and year aforesaid
Thomas M c Neal
Richard Malone
Benjamin Fieger
Sworn to & subscribed in open Court Oct 17 th 1832
H. Fullerton Clerk
And by way of further declaration on his oath aforesaid the said John Gates made the answers and statements following to interrogatories propounded to him by the Court 1 st by the Court
Where and in what year were you born
Answer in Lancaster County Pennsylvania in the year 1764
2 d by the Court, Have you any record of your age and if so where is it, — Answer I have a record of my age at hand and it is also recorded in the Books of the Lutheran Muddy Creek Church Lancaster County Pennsylvania
3 Where were you living when called into service, where have you lived since the revolutionary war and where do you now live
Answer After the revolutionary war I moved to Shenandoah County Virginia where I resided until the fall of 1809 when I removed to the County of Rapp in this state where I now reside

13113
Ohio
John Gates
of Prop 6 in the State of Ohio who was a Private in the Company commanded by Captain Peters of the Prop commanded by Col. Ferrer born the Pa. Militia for 16 Months
Inscribed on the Roll of Ohio at the rate of 20 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of May and int. Mr. G. Hughes 1833 Chillicothe Ohio
Arrears to the 4th of Mar 1833 $40 00 Semi-ant. allowance ending 4 Sep 33 10 00
$50.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Book 6
Geo. B. Whiting Vol. 8
Clerk
Page 9

John Gates. —
Rep. County Ohio
Look on Pa Rolls —
Not
There was no such an officer in the Cont Army in 1782
Hon Wm Creighton Chillicothe Ohio

WAR DEPARTMENT,
Pension Office,
28 th May ~ 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Gates, Hops. County, Ohio
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Early 1782 For during the Private Col Knox Major Turner. 68. — Lancaster County Penn ta Living Witness and Traditionary.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

December 2, 1930
Rev.& 1812 Wars Section NMHF:MLB
Hon. Don B. Colton House of Representatives
My dear Mr. Colton:
Reference is made to your request in behalf of Mr. F. J. Hendershot of 805 - 24th Street, Ogden, Utah, who desires to obtain the record of one John Gates, a soldier of the Revolutionary War.
You are advised that it appears from the papers in the Revolutionary War pension claim, S. 5172, that John Gates, son of Leonard Gates, was born in 1764 in Lancaster County, Pennsylvania, and that his birth was recorded in the books of the Lutheran Muddy Creek Church, Lancaster County, Pennsylvania. He stated that he was a German and that his name often appeared as Gets and Gitts. His mother's name does not appear.
While residing in Lancaster County, Pennsylvania, about ten miles from Reading, as did his father also, he served two tours of two months each as a substitute for his father, in Captain Peters' Pennsylvania company and one tour of two months in Captain Kerr's or Carr's Pennsylvania company as a substitute for another man. These tours were in 1778. He stated also that he enlisted in 1782 and served until the close of the war in Captain Hays' company, Colonel Knox's Pennsylvania regiment.
After the Revolutionary War he moved to Shenandoah County, Virginia, where he resided until the fall of 1809, when he moved to Ross County, Ohio.
He was allowed pension on his application executed October 17, 1832, at which time he was a resident of Springfield Township,

Ross County, Ohio.
In 1832, one Adam Gates appeared in Ross County, Ohio, in support of the soldier's claim, as did one Henry Gates in the same county at an earlier date, no relationship to soldier stated. There are no further data relative to the soldier's family.
Very truly yours
M. Henderson's letter returned
E. W. MORGAN Acting Commissioner

Act 7 th June 1832
Rejected
See letter 27 th June 1833
For Mr. Cragton
Chillicothe
Ohio —
3944

John Galis - Prob. Perm. lin.
Oliver -
Ref. File No out-file  3942
See # 5,172 del. On
" Ref 3942 OK
" " 3943
Evidence insufficient agt 182 B

REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
Sept. 5. 1828
Rep. John Gates, of Springfield Township in the County of ... in the State of Ohio — has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15th of May, 1828. He states that he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a private of Artillery in captain Hays's company, in the regiment of the Pennsylvania line; and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778; and further, that he was not on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3d of March, 1826, nothing.
He adds, that, being a German, his name is sometimes written Gits or Geths.
The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.
By direction of the Secretary A. D. Atkins.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE, 13. September 1828
It appears by the records in this office, that a certificate for the reward of eighty dollars has been issued to John Gates in the ...
It further appears that John Gates — is now on the pension list of the ... agency, and has been so since the 3. March 1826 at the rate of dollars per month.
Neither of the above mentioned names can be found among those of the Pennsylvania line, to whom Certificates for the gratuity of Eighty Dollars were issued — John Hagner Aud

War Dept, Bounty Land Office
15 May 1829.
The records of this office do not show that John Gates, Gitts or Gotts of the Penn a line ever received or is entitled to bounty land of the United States.
Robert Taylor

Chillicothe 29 th Aug 1828
Dear Dr Root
Sir I am unable to remember the number of the regiment to which I belonged nor do I recollect the given name of Capt d Hays under whom I served as a private in a company of Artillery during the whole time of my service. My Col d name was Knox - the name of my Major was Turner - you will please on the acknowledgement of the receipt of this inform me how long it probably will be until I hear the result of my claim - please direct to "John Gates" care of J. Woodside Chillicothe Ohio"
John Gates
P.S. - I am a German and my name has frequently been written "Gets" or "Gitts" and in all probability it may in that way be entered on the Roll
J. G.

Revolutionary
Pa.
Hon Richard Rush
Secretary of the Treasury of the United States
Washington City —

One
*
5172

For the purpose of obtaining the benefit of the act entitled "An act for the relief of certain surviving Officers and Soldiers of the army of the revolution" passed on the fifteenth day of May 1828 I John Gates of the Township of Springfield in the county of Ross in the state of Ohio do hereby declare that I enlisted in the continental line of the army of the revolution, for and during the war and continued in its service until its termination at which period I was a private in Capt. _____ Hays' Company in the _____ Regiment of the Pennsylvania line Commanded by Col. Knox. And I also declare that I afterwards received a certificate for the reward of eighty dollars to which I was entitled under a resolution of Congress passed fifteenth day of May 1778 —
and I further declare that I was not on the fifteenth day of March 1828 on the pension roll of the united States
attest
John Gates mark
John H. Ross co. clerk
James Miller
Before me James Miller a Justice of the peace in the County of Ross in the state of Ohio Personally appeared this day Thomas McNeal and Henry Gates Esq. who did severally make oath that John Gates by whom the foregoing declaration is subscribed is generally reported and believed to have been a soldier in the Army of the revolution as therein stated —
Witness my hand

twenty ninth day of August 1828
James Miller, Frank R. b. ohio
Thomas M c Neal
Henry Gates,
State of Ohio } Ross County ss }
I Humphrey Fullerton Clerk of the Court of common Pleas in and for the County & state , aforesaid do hereby certify that James Miller before whom the foregoing affidavit was sworn was at the time a Justice of the peace duly empowered to administer oaths
In testimony whereof I have hereunto set my hands and affixed the seal of said Court this 30 th day of August in the year of our Lord one thousand eight hundred and twenty eight Humphrey Fullerton Clerk
Personally appeared before me James Miller a Justice of the Peace in and for the County of Ross John Gates and made oath that he is the Identical John Gates mentioned in the foreg oing declaration as serving in the army of the Revolution and that his discharge has by accident been lost —
Sworn to and subscribed before
on this 29 th day of Aug 1828 —
James Miller, Frank R. b. ohio
his John Gates mark
attest
Ed th F. Atlee de ed
Henry Gates

The State of Ohio Ross County Set
I Humphrey Fullerton Clerk of the Court of Common Pleas in and for the County & State aforesaid do hereby certify that James Miller Esqr before whom the foregoing affidavit was sworn was at the time a justice of the peace duly empowered to administer Oaths
In Testimony Whereof I have hereunto Set my hand and affixed the Seal of said Court this 30 th day of August in the year one thousand eight hundred and and twenty eight
Humphrey Fullerton Clerk

Crescent
J. L. Edwards Esquire Pension Office Dept of War.
Confidential

Sir:
House of Representatives
Jan. 24 th 1833
I enclose you the declaration of John Gals, a revolutionary soldier who applied for the benefit of the act of the last Session.
Very respectfully,
Your obed Servt
W Creighton Sen.
J L Edwards Esq.

Geo Gates
Private line No. $20-
Mr. Creighton

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of No Gates which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? Yes IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? No VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  [Handwritten line]
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  No
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? [Handwritten line] Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?  [Handwritten line]
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  [Handwritten line]
XVI. ‡ Are the papers authenticated as the regulations direct? Yes  [Handwritten line]
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?  [Handwritten line]
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

3944 P. O. John Gates Service: _____
Enlisted: _____, 18 Discharged: _____, 18 Application filed: _____, 18
1920-Dec. 2, Kish. to Hon. D. B. Colton for F. G. Henderson. MMVS
Rehran
5172  INVALID.
File No. 5172
John Gates  Post Civil War
Act: June 7 th 1832
Index:—Vol. M , Page 136

State of Ohio Rip County ss Rip County ss of the term of Oct. 1832
On the 17 th day of October 1832 personally appeared in open court before the Honorable Frederick Gremke president and James M c Clintock Samuel Swearingen and Isaac Cook special Judges of the Court of Common Pleas of the County aforesaid John Gale of the Township of Springfield and County aforesaid resident aged 68 years who being first duly sworn according to law deposeth and saith doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7 th 1832 that he enlisted in the army of the United States in the year as he thinks 1812 — with Captain Hays in Lancaster County Pennsylvania for during the war in the Pennsylvania line but does not recollect the number of the regiment, or the names of any of the field or company officers under whom he served, that he marched from with the exception of two tens, Major Turner, and Col. Hays, that he marched from Lancaster County County to Philadelphia and from Philadelphia to Bordentown and from thence to the neighbourhood of the city and with in eight miles of New York where he remained until the close of the war, when he was discharged at a small town within eight or nine miles of the City of New York called

as he thinks Newberry, that he was then regularly discharged and that he has kept possession of his said discharge until about fifteen years since past, when by accident or inattention it has become lost or mislaid, that he resided in the County of Lancaster in the State of Pennsylvania at the time of his enlistment
Thereby relinquishes He hereby relinquishes every claim whatever to pension or annuity except the present, and declares that his name is not on the pension Roll of any agency in any state
Sworn to and subscribed the day & year aforesaid
John X Gates mark
Sworn to & subscribed in open court Oct 17 th 1882
H Fullerton Clerk
Personally appeared in open court Adam Gates and made oath that he is acquainted with the above named John Gates, that he knows him to have been an enlisted soldier in the revolutionary war about the time of its close, and that he served as such until the close of the war that the said John is the identical person he represents himself to be, and that he has full confidence in his statement
Adam X Gates mark
Sworn to & subscribed in open court Oct 17 th 1882
H. Fullerton Clerk

Personally Appeared in Open Court the Subscribers who being first duly Consecrated and sworn deposes and saith that they are well acquainted with John Gatz who has subscribed and sworn to the above declaration and that they believe him to the best of their knowledge sixty eight years of age, that he is respected and beloved in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in the opinion.
Sworn to and subscribed the day and year aforesaid
Thomas M c Neal
Richard Malone
Sworn to & subscribed in open court Oct 17 th 1832
H. Fullerton Clk

In the matter of John Gats for a pension the court here- by declares their opinion after the investigation of the mat- ter and after putting the interrogatories prescribed by the war department that the above named applicant was a volun- tary soldier and served as he states and the court fur- ther certifies that appears to them that Thomas W. Weir & Richard Malond who signed the preceding certificates are credible persons and their statements are entitled to credit.
The State of Ohio Ross County SS I Humphrey Fullerton Clerk of the Court of Common Pleas for the county aforesaid do hereby certify that the foregoing contains the original proceedings of the court in the matter of the application of John Gats for a pension.
In Witness whereof I have hereunto set my hand and seal of office this 11 th day of December A D 1832 & of this State the 31 st Humphrey Fullerton Clerk